The (Non)Use of Treaty Object and Purpose in IP Disputes in the WTO Henning Grosse Ruse - Khan
|
|
- Dana Campbell
- 5 years ago
- Views:
Transcription
1 Max Planck Institute for Intellectual Property and Competition Law The (Non)Use of Treaty Object and Purpose in IP Disputes in the WTO Henning Grosse Ruse - Khan Centre for International Law National University Singapore 27 July 2011
2 Outline 1. Background: WTO Dispute Settlement and Treaty Interpretation 2. The Role of Treaty Objectives: Examples from the WTO Agreements 3. A Tool for Integrating Economic, Social and Environmental Concerns? 4. IP-related Jurisprudence in the WTO a) TRIPS Cases in WTO Dispute Settlement b) Methodology c) Main (Preliminary) Findings 5. Conclusions 2
3 WTO Dispute Settlement & Treaty Interpretation In Int. IP law, diverging treaty interpretations & implementations cause significant controversy Under the Berne- & Paris Conventions, theoretical option to bring a dispute over the interpretation to the ICJ Countries in favour of a strong global IP system purposely shifted to the GATT/trade forum (inter alia) because of its perceived teeth in enforcement of treaty obligations The WTO/DSU adjudication system hence is viewed as a key achievement, especially for IP disputes 3
4 WTO Dispute Settlement & Treaty Interpretation DSU Importance beyond IP: By bringing into being the World Trade Organization today, we are enshrining the rule of law in international economic and trade relations, thus setting universal rules and disciplines over temptations of unilateralism and the law of the jungle Speech of King Hassan II of Morocco for the host government of the April 1994 Marrakech Ministerial Meeting to conclude the Uruguay Round and establish the WTO 4
5 WTO Dispute Settlement & Treaty Interpretation DSU serves the need for common reliable rules, not only on substantive level but also for settlement of disputes Rule Based System of Dispute Settlement as key achievement of Uruguay Round DSU establishes obligation to remove inconsistencies with WTO Law and to comply with DSB rulings (Art.3.7, 19.1, 21.1, 22.1 DSU) As a last resort, DSU allows retaliation in form of trade sanctions to induce compliance! (however, without a guarantee for compliance) 5
6 WTO Dispute Settlement & Treaty Interpretation Concerns of Preserving National Autonomy WTO Negotiators wanted to ensure that the new WTO, its rules and its enforcement mechanism do not unduly interfere with national (non-trade) policies Fear of judicial activism in the Panel, AB practice: EC-Hormones, US-Shrimp as examples for allegedly creating new rules... Three strikes and we are out (USA) 6
7 WTO Dispute Settlement & Treaty Interpretation Balancing sovereignty and international rule of law The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. The Members recognize that it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. (Art.3:2 DSU) 7
8 WTO Dispute Settlement & Treaty Interpretation Art.31 VCLT General Rule of Interpretation 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. 8
9 WTO Dispute Settlement & Treaty Interpretation A Textual Approach to Treaty Interpretation Panels (and to some extent the Appellate Body) have been accused of an overly textual approach to interpretation. this has lead some commentators to suggest that the Shorter Oxford Dictionary is part of the covered WTO Agreements However, there are also examples of the Appellate Body of becoming more assertive in shaping WTO Law: dynamically interpreting the term exhaustible natural resources to cover living species, like sea turtles 9
10 WTO Dispute Settlement & Treaty Interpretation An enhanced Role for Treaty Objectives? where the meaning imparted by the text itself is equivocal or inconclusive, or where confirmation of the correctness of the reading of the text itself is desired, light from the object and purpose of the treaty as a whole may usefully be sought ( ) The sustainable development objective in the Preamble to the WTO Agreement must add colour, texture and shading to our interpretation of the Agreements annexed to the WTO Agreement (WTO AB in US Shrimp, 1998) 10
11 WTO Dispute Settlement & Treaty Interpretation An enhanced Role for Treaty Objectives? Taking ordinary meaning as a starting point, the object and purpose of a treaty will be decisive for provisions incorporating broad and open concepts and those with an ambiguous or multi-facetted ordinary meaning such as: like products (Art.III:2, 4 GATT) fair and equitable treatment (investment treaties) no unreasonable prejudice to legitimate interests of right holders (Art.13 TRIPS) 11
12 Treaty Objectives in WTO Agreements Marrakesh Agreement Establishing the World Trade Organization The Parties to this Agreement, Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development; (Preamble, para.1) 12
13 Treaty Objectives in WTO Agreements Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Article 7 - Objectives The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. Article 8 - Principles 1. Members may, in formulating or amending their laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Agreement. 13
14 Treaty Objectives in WTO Agreements Doha Declaration on the TRIPS Agreement and Public Health 4. We agree that the TRIPS Agreement does not and should not prevent members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO members' right to protect public health and, in particular, to promote access to medicines for all. In this connection, we reaffirm the right of WTO members to use, to the full, the provisions in the TRIPS Agreement, which provide flexibility for this purpose. 5. Accordingly and in the light of paragraph 4 above, while maintaining our commitments in the TRIPS Agreement, we recognize that these flexibilities include: a) In applying the customary rules of interpretation of public international law, each provision of the TRIPS Agreement shall be read in the light of the object and purpose of the Agreement as expressed, in particular, in its objectives and principles. 14
15 Integrating Social, Environmental & Economic Concerns The Role of the Sustainable Development Objective We note once more that this language demonstrates a recognition by WTO negotiators that optimal use of the world s resources should be made in accordance with the objective of sustainable development. As this preambular language reflects the intentions of negotiators of the WTO Agreement, we believe it must add colour, texture and shading to our interpretation of the agreements annexed to the WTO Agreement, in this case, the GATT (Appellate Body Report, United States Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998, at para.153) 15
16 Integrating Social, Environmental & Economic Concerns SD as Principle of Reconciliation and Integration The need to reconcile economic development with the protection of the environment is aptly expressed in the concept of sustainable development (ICJ, Gabcikovo Nagymaros case, 1997) SD has been generally accepted as integrating economic and social development and environmental protection (WTO AB in US-Shrimp, 1998) Principle of Integration and Interrelationship, in particular in relation to human rights, and social, economic and environmental objectives (ILA Delhi Declaration on the Principles of Int. Law related to SD, 2002) 16
17 Integrating Social, Environmental & Economic Concerns States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population (Human Development & Environment Conference, Stockholm Declaration, 1972) Peace, development and environmental protection are interdependent and indivisible (Earth Summit, Rio Declaration, 1992) We, the representatives of the peoples of the world, ( ) assume a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development and environmental protection at the local, national, regional and global levels (WSSD, Johannesburg Declaration, 2002) 17
18 Integrating Social, Environmental & Economic Concerns The (international) protection of IP coincides with societal concerns like: public health (patent protection for pharmaceutical products and access to medicines); climate change (IP as incentive for R&D in new, innovative green technologies or as barrrier for transfer and dissemination of green technology?); free trade (IP protection as securing trade in protected goods or as barrier to international trade & transit?); access to knowledge (copyright protection affecting access to educational materials and plain facts/information?) food security (plant variety rights vs. farmer s informal seed exchange systems) A significant potential for operating Art.7, 8 TRIPS as specific expressions of the integration principle! 18
19 IP Related Jurisprudence in the WTO Main Legal Argument: In case of TRIPS, integration of other societal concerns functions primarily via treaty interpretation, based on Art.31 VCLT, and with an important role for TRIPS object and purpose, as embodied in Art.7, 8 TRIPS! Against this background, Panels have a legal obligation to interpret TRIPS in light of Art.7, 8 TRIPS. Hypothesis: Panels give insufficient, if any, role to the integration provisions of Art.7, 8 TRIPS in interpreting TRIPS. 19
20 IP Related Jurisprudence in the WTO TRIPS Cases in WTO Dispute Settlement: As of 1 June 2011, 424 complaints have been filed under the DSU Of those, 29 cases concern (inter alia) the TRIPS Agreement Which led to DSB decisions: 9 Panel-, 3 Appellate Body Reports Methodology for Analysing the Use of Integration Principle: All 12 IP related decisions (including main arguments of the parties) are scanned (full-text search) for passages addressing the following issues: Art.7 and/or 8 TRIPS (objectives and principles) WTO preamble (especially sustainable development objective) To contrast this result with reliance on other factors affecting treaty interpretation, further searches look for: Role of object and purpose for treaty interpretation in general Other elements of treaty interpretation (ordinary meaning, context) 20
21 IP Related Jurisprudence in the WTO Main (Preliminary) Findings: Use of Art.7, 8 TRIPS as treaty objective in comparison to other objectives relied upon in the interpretation exercise: 1. Application of Art.7, 8 TRIPS: 3 instances a. Canada Patents, para.7.92 (but overridden by Art.27 TRIPS); b. US Havanna Club, para.8.57 (understood as good faith principle); c. EC GIs, para (reflecting principle of negative rights) 2. Mere acknowledgement of Art.7, 8 TRIPS as object & purpose (but without use/application): 3 instances (Canada Patents; US Havanna Club; Canada Patent Term) 3. Application / use of other objectives: a. of TRIPS (effective IP protection; non-discrimination, minimum standards): 7 instances b. of individual provisions of TRIPS: 3 instances 4. Mere acknowledgements of treaty object & purpose: 6 instances 21
22 IP Related Jurisprudence in the WTO Main (Preliminary) Findings: Example for applying Art.7, 8 TRIPS the Canada Patents case At issue is the consistency of a bolar exception in Canada s patent law which allows generic producers to use a patented drug in order to apply for regulatory approval The EC argued that Art.30 TRIPS is infringed it provides: Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties. While acknowledging the general role of Art.7, 8:1 for the interpretation of Art.30, the Panel did not actually apply Art.7, 8:1 to define the ambiguous terms of Art.30! As to the interpretation of another obligation (Art.27:1), the Panel views the latter overriding the goals of Art.7 TRIPS 22
23 IP Related Jurisprudence in the WTO Main (Preliminary) Findings: Example for not applying Art.7, 8 TRIPS the China - IPRs case At issue is the consistency of Chinese criminal sanctions against counterfeiting and piracy where business operators are liable if they hold more than 500 infringing copies on their premises The US argued that Art.61 TRIPS is infringed it provides: Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. While acknowledging the general role of treaty object and purpose in the interpretation exercise, the Panel did not actually apply Art.7 or other objectives to define the meaning of commercial scale 23
24 Conclusions Strong legal arguments support an important role of Art.7, 8:1 TRIPS in the interpretation of TRIPS provisions especially those which are ambiguous and open-textured In the Doha Declaration, all WTO Members emphasized this role as a crucial element for balancing IP and access to medicines i.e. integrating economic and social concerns WTO IP jurisprudence so far has given an insufficient role to the integration provisions of Art.7, 8 TRIPS in interpreting TRIPS To improve this, WTO Members should consistently raise Art.7, 8 arguments in their claims & rebuttals 24
25 Thank you for your attention! Questions and Comments to 25
The Principle of Integration in WTO/TRIPS Jurisprudence Henning Grosse Ruse - Khan
Max Planck Institute for Intellectual Property and Competition Law The Principle of Integration in WTO/TRIPS Jurisprudence Henning Grosse Ruse - Khan Sustainable Development Principles in the Decisions
More informationMax Planck Institute for Intellectual Property and Competition Law
Max Planck Institute for Intellectual Property and Competition Law IP Protection and Enforcement A Barrier to Legitimate Trade? Henning Grosse Ruse - Khan 30th ATRIP Congress: IP Law at the Crossroads
More informationIntellectual Property in WTO Dispute Settlement
Intellectual Property and the Judiciary 17 th EIPIN Congress Strasbourg, 30 January 2016 Intellectual Property in WTO Dispute Settlement Roger Kampf WTO Secretariat The views expressed are personal and
More informationWTO and the Environment: Case Studies in WTO Law. Dr. Christina Voigt University of Oslo, Department of Public and International Law
WTO and the Environment: Case Studies in WTO Law Dr. Christina Voigt University of Oslo, Department of Public and International Law 1. Overview: 1. Trade and Environment: the Debate 2. The Multilateral
More informationSources of law in the WTO
Sources of law in the WTO What is our objective when studying sources of law? Assess interpretative arguments in light of general principles of sources of law in international law? Predict how a panel
More informationMODULE. Conclusion. ESTIMATED TIME: 3 hours
MODULE 11 Conclusion ESTIMATED TIME: 3 hours 1 Overview I. MODULE 1 INTRODUCTION TO THE WTO SUMMARY... 3 II. MODULE 2 INTRODUCTION TO THE TRIPS AGREEMENT SUMMARY... 5 III. MODULE 3 COPYRIGHT AND RELATED
More informationANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationBACKGROUND NOTE PROPOSAL TO PERMANENTLY EXCLUDE NON-VIOLATION AND SITUATION COMPLAINTS FROM THE WTO TRIPS AGREEMENT. 20 September
Development, Innovation and Intellectual Property Programme BACKGROUND NOTE PROPOSAL TO PERMANENTLY EXCLUDE NON-VIOLATION AND SITUATION COMPLAINTS FROM THE WTO TRIPS AGREEMENT 20 September 2017 1. Background
More informationCourse on WTO Law and Jurisprudence Part III: WTO Dispute Settlement Procedures. Which legal instruments can be invoked in a WTO dispute?
Course on WTO Law and Jurisprudence Part III: WTO Dispute Settlement Procedures Which legal instruments can be invoked in a WTO dispute? Session 5 2 November 2017 AGENDA a) What instruments can be invoked
More informationGeneral intellectual property
General intellectual property 1 International intellectual property jurisprudence after TRIPs michael blakeney A. International law and intellectual property rights As in many other fields of intellectual
More informationThe International Law Relation Between TRIPS and Subsequent TRIPS-plus Free Trade Agreements Towards Safeguarding TRIPS Flexibilities?
The International Law Relation Between TRIPS and Subsequent TRIPS-plus Free Trade Agreements Towards Safeguarding TRIPS Flexibilities? Henning Große Ruse 15 Years of TRIPS Implementation 28 January 2011
More informationThe Application of other public international laws in WTO dispute settlement.
The Application of other public international laws in WTO dispute settlement. Abstract. While WTO laws are international treaties and hence part of international law, they were not as such regarded as
More informationThe Trans-Pacific Partnership
The Trans-Pacific Partnership A Side-By-Side Comparison with: Comparison Vol. 3 (Rev.) The United States - Colombia Trade Promotion Agreement of 2012 The United States - Korea Free Trade Agreement of 2012
More informationINTERNATIONAL ORGANIZATIONS IN WTO DISPUTE SETTLEMENT
INTERNATIONAL ORGANIZATIONS IN WTO DISPUTE SETTLEMENT How Much Institutional Sensitivity? MARINA FOLTEA CAMBRIDGE UNIVERSITY PRESS List of abbreviations page xii Table of WTO reports xiv - - Table of GATT1947
More informationTrade WTO Law International Economic Law
Trade WTO Law International Economic Law Prof. Seraina Grünewald / Prof. Christine Kaufmann 13/20/27 March 2014 III. Dispute Settlement 2 1 Dispute Settlement 1. Principles Prompt and amicable settlement
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION RESTRICTED S/WPDR/W/27 2 December 2003 (03-6404) Working Party on Domestic Regulation "NECESSITY TESTS" IN THE WTO Note by the Secretariat 1 1. At the request of the Working Party
More informationWTO ANALYTICAL INDEX TRIPS Agreement Article 59 (Jurisprudence)
1 ARTICLE 59... 1 1.1 Text of Article 59... 1 1.2 "infringing goods"... 1 1.3 "shall have the authority"... 2 1.4 "disposal"... 4 1.5 "the principles set out in Article 46"... 5 1.5.1 General... 5 1.5.2
More informationGeneral Interpretative Note to Annex 1A
WTO ANALYTICAL INDEX GATT 1994 General (Jurisprudence) 1 GENERAL... 1 1.1 Relationship between GATT 1994 and other Annex 1A agreements... 1 1.1.1 Text of the General Interpretative Note... 1 1.1.2 The
More informationDEVELOPING COUNTRIES AND INTELLECTUAL PROPERTY ENFORCEMENT MEASURES: IMPROVING ACCESS TO MEDICINES THROUGH WTO DISPUTE SETTLEMENT
From the SelectedWorks of Melissa Blue Sky June 10, 2011 DEVELOPING COUNTRIES AND INTELLECTUAL PROPERTY ENFORCEMENT MEASURES: IMPROVING ACCESS TO MEDICINES THROUGH WTO DISPUTE SETTLEMENT Melissa Blue Sky,
More informationInternational Regulation: Lessons from the IP Experience for the Internet
International Regulation: Lessons from the IP Experience for the Internet THE MARKET FOR REGULATION IN THE INTERNET OF THINGS January 11, 2019 Judith Goldstein Department of Political Science Can there
More informationSession 6: GATT/WTO Dispute settlement cases involving environmental goods and services
Session 6: GATT/WTO Dispute settlement cases involving environmental goods and services Mr. Vincent Chauvet International Adviser, International Institute for Trade and Development (ITD) Session 6: GATT/WTO
More informationMARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION ANNEX 1C: AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS *
International Investment Instruments: A Compendium MARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION ANNEX 1C: AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS * The Agreement
More informationArticle 30. Exceptions to Rights Conferred
1 ARTICLE 30... 1 1.1 Text of Article 30... 1 1.2 General... 1 1.3 "limited exceptions"... 2 1.4 "do not unreasonably conflict with a normal exploitation of the patent"... 3 1.5 "do not unreasonably prejudice
More informationCHAPTER TEN INTELLECTUAL PROPERTY
CHAPTER TEN INTELLECTUAL PROPERTY 1. The objectives of this Chapter are to: Article 10.1 Objectives facilitate the production and commercialisation of innovative and creative products and the provision
More informationP1: IBE CY CY564-Unctad-v1 November 27, :24 Char Count= 0. 4: Basic Principles
4: Basic Principles Article 3 National Treatment 1. Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the
More informationANNEX VII REFERRED TO IN ARTICLE 25 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX VII REFERRED TO IN ARTICLE 25 PROTECTION OF INTELLECTUAL PROPERTY ANNEX VII REFERRED TO IN ARTICLE 25 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/DS34/AB/R 22 October 1999 (99-4546) Original: English TURKEY RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS AB-1999-5 Report of the Appellate Body Page i I. Introduction...
More informationMODULE X CURRENT TRIPS ISSUES*
MODULE X CURRENT TRIPS ISSUES* A. INTRODUCTION 1. Current issues The TRIPS Agreement was not envisaged as an entirely static legal instrument: TRIPS negotiators included several provisions within the Agreement
More informationTREATMENT OF BIODIVERSITY RELATED ISSUES REVISED DOCUMENTS FOR THE DOHA MINISTERIAL CONFERENCE IN THE WTO PRELIMINARY COMMENTS ON THE.
C ENTER FOR I NTERNATIONAL E NVIRONMENTAL L AW TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO PRELIMINARY COMMENTS ON THE REVISED DOCUMENTS FOR THE DOHA MINISTERIAL CONFERENCE by BY DAVID VIVAS AND
More informationANNEX VI REFERRED TO IN ARTICLE 24 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX VI REFERRED TO IN ARTICLE 24 PROTECTION OF INTELLECTUAL PROPERTY ANNEX VI REFERRED TO IN ARTICLE 24 PROTECTION OF INTELLECTUAL PROPERTY TITLE I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationResponse to the EC consultation on the future direction of EU trade policy. 28 July 2010
Response to the EC consultation on the future direction of EU trade policy 28 July 2010 Question 1: Now that the new Lisbon Treaty has entered into force, how can we best ensure that our future trade policy
More informationArticle 9. Procedures for Multiple Complainants
1 ARTICLE 9... 1 1.1 Text of Article 9... 1 1.2 Article 9.1: "a single panel should be established... whenever feasible"... 1 1.2.1 General... 1 1.3 Article 9.2: separate reports... 2 1.3.1 General...
More informationEricsson Position on Questionnaire on the Future Patent System in Europe
Ericsson Position on Questionnaire on the Future Patent System in Europe Executive Summary Ericsson welcomes the efforts of the European Commission to survey the patent systems in Europe in order to see
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/DS184/13 19 February 2002 (02-0823) UNITED STATES ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN Arbitration under Article 21.3(c) of the Understanding
More informationIntellectual Property and Seed: Concerns & Caveats
Intellectual Property and Seed: Concerns & Caveats (Draft, not to be quoted) Shalini Bhutani National Conference on WTO, FTAs and Investment Treaties: Implications for Development Policy Space Jointly
More informationMarkus Böckenförde, Grüne Gentechnik und Welthandel Summary Chapter I:
Summary Chapter I: 1. Presently, end consumers of commercially sold GMOs do not have any specific advantage from modern biotechnology. Whether and how much farmers benefit economically from planting is
More information37: Review and Amendment
37: Review and Amendment Article 71 Review and Amendment 1. The Council for TRIPS shall review the implementation of this Agreement after the expiration of the transitional period referred to in paragraph
More informationAGREEMENT. On trade and economic cooperation between the Government of the Republic of Armenia and the Swiss Federal Council
AGREEMENT On trade and economic cooperation between the Government of the Republic of Armenia and the Swiss Federal Council The Government of the Republic of Armenia and the Swiss Federal Council hereinafter
More informationJoint Report on the EU-Canada Scoping Exercise March 5, 2009
Joint Report on the EU-Canada Scoping Exercise March 5, 2009 CHAPTER ONE OVERVIEW OF ACTIVITIES At their 17 th October 2008 Summit, EU and Canadian Leaders agreed to work together to "define the scope
More informationWIPO Sub-Regional Workshop on Patent Policy and its Legislative Implementation
WIPO Sub-Regional Workshop on Patent Policy and its Legislative Implementation Topic 12: Patent-related provisions in the framework of preferential trade agreements Marco M. ALEMAN Deputy Director, Patent
More informationSovereigns as Trustees of Humanity: The Obligations of Nations in an era of Global Interdependence
Project: Sovereigns as Trustees of Humanity: The Obligations of Nations in an era of Global Interdependence Name: R. Neethu, B.A.L, LL.B(Uni. of Kerala), LL.M (LSE), PhD (DU) Title: Sovereign Trusteeship
More informationANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY ANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationThe Parties to this Protocol, Being Parties to the Convention on Biological Diversity, hereinafter referred to as the Convention,
Preamble 131. The preamble of an international agreement sets out the context in which the agreement was negotiated and concluded. Under general rules of treaty interpretation the preamble is not considered
More informationAgreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)*
WORLD TRADE ORGANIZATION (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)* TABLE OF CONTENTS** Article Part I: Part II: Section 1: Section 2: Section 3:
More information2: Nature and Scope of Obligations
2: Nature and Scope of Obligations Article 1 Nature and Scope of Obligations 1. Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their
More informationRegional Comprehensive Economic Partnership. Intellectual Property Chapter and the Impact on Access to Medicines
MSF RCEP IP Chapter Technical Analysis NOVEMBER 2016 Regional Comprehensive Economic Partnership Intellectual Property Chapter and the Impact on Access to Medicines This briefing note details Médecins
More informationDispute Settlement under FTAs and the WTO: Conflict or Convergence? David A. Gantz
1. Introduction Dispute Settlement under FTAs and the WTO: Conflict or Convergence? David A. Gantz Diverse dispute settlement mechanisms exist under the WTO on the one hand, and NAFTA on the other. These
More informationANNEX E EXECUTIVE SUMMARIES OF THE SECOND WRITTEN SUBMISSIONS OF THE PARTIES
Page E-1 ANNEX E EXECUTIVE SUMMARIES OF THE SECOND WRITTEN SUBMISSIONS OF THE PARTIES Annex E-1 Annex E-2 Contents Executive Summary of the Second Written Submission of Viet Nam Executive Summary of the
More informationArticle XVI. Miscellaneous Provisions
1 ARTICLE XVI... 1 1.1 Text of Article XVI... 1 1.2 Article XVI:1... 2 1.2.1 "the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947"...
More informationDenmark and Italy Trade-related intellectual property rights, access to medicines and human rights
Summary Denmark and Italy Trade-related intellectual property rights, access to medicines and human rights October 2004 1. Denmark and Italy, as members of the European Union (EU), have committed themselves
More information( ) Page: 1/26 INDONESIA IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS AB Report of the Appellate Body.
WT/DS477/AB/R/Add.1 WT/DS478/AB/R/Add.1 9 November 2017 (17-6042) Page: 1/26 Original: English INDONESIA IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS AB-2017-2 Report of the Appellate
More informationWTO Plus Commitments in RTAs. Presented By: Shailja Singh Assistant Professor Centre for WTO Studies New Delhi
WTO Plus Commitments in RTAs Presented By: Shailja Singh Assistant Professor Centre for WTO Studies New Delhi Some Basic Facts WTO is a significant achievement in Multilateralism Regional Trade Agreements
More informationA I P P I ASSOCIATION INTERNATIONALE POUR LA PROTECTION DE LA PROPRIETE INTELLECTUELLE
A I P P I ASSOCIATION INTERNATIONALE POUR LA PROTECTION DE LA PROPRIETE INTELLECTUELLE INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY INTERNATIONALE VEREINIGUNG FÜR DEN SCHUTZ DES
More informationIntroduction to the WTO. Will Martin World Bank 10 May 2006
Introduction to the WTO Will Martin World Bank 10 May 2006 1 Issues What is the WTO and how does it work? Implications of being a member of the WTO multilateral trading system 2 WTO as an international
More informationGATT Article XX Exceptions. 17 October 2016
GATT Article XX Exceptions 17 October 2016 GATT Article XX Exceptions - Purpose Allow WTO members to adopt and maintain measures that aim to promote or protect important societal values and interests Even
More informationTable of Contents. Preface Abbreviations... 13
Table of Contents Preface... 5 Abbreviations... 13 Introduction... 15 0.1. Origin and Purposes of the Research... 15 0.2. Definition of Direct Effect... 17 0.3. Legal Background... 18 0.4. Starting Point
More informationTrade-related intellectual property rights, trade in services and the fulfilment of children s rights - Botswana September 2004
Trade-related intellectual property rights, trade in services and the fulfilment of children s rights - Botswana September 2004 Introduction 1. Botswana has emerged as a model of access to medicines and
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/L/412 3 September 2001 (01-4194) Original: English JOINT STATEMENT BY THE SAARC 1 COMMERCE MINISTERS ON THE FORTHCOMING FOURTH WTO MINISTERIAL CONFERENCE AT DOHA New Delhi,
More informationArticle XX. Schedule of Specific Commitments
1 ARTICLE XX... 1 1.1 Text of Article XX... 1 1.2 Article XX:1... 2 1.2.1 General... 2 1.2.1.1 Structure of the GATS... 2 1.2.1.2 The words "None" and "Unbound" in GATS Schedules... 2 1.2.1.3 Nature of
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/DS58/AB/RW 22 October 2001 (01-5166) Original: English UNITED STATES IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MALAYSIA
More informationWORLD TRADE ORGANIZATION AND GLOBAL ADMINISTRATIVE LAW: DEVELOPING COUNTRIES PERSPECTIVE
An Open Access Journal from The Law Brigade (Publishing) Group 1 WORLD TRADE ORGANIZATION AND GLOBAL ADMINISTRATIVE LAW: DEVELOPING COUNTRIES PERSPECTIVE Written by Balaji Naika B.G.* 1. Introduction The
More informationIn the World Trade Organization Panel proceedings RUSSIA MEASURES CONCERNING TRAFFIC IN TRANSIT (DS512)
As delivered In the World Trade Organization Panel proceedings RUSSIA MEASURES CONCERNING TRAFFIC IN TRANSIT Geneva, 25 January 2018 TABLE OF CONTENTS 1. INTRODUCTION... 1 2. THE EU'S SUBSTANTIVE COMMENTS...
More informationJURIDICAL PROTECTION OF INTELLECTUAL PROPERTY IN CHINA
JURIDICAL PROTECTION OF INTELLECTUAL PROPERTY IN CHINA JUSTICE CHENG YONG-SHUN * In China, intellectual property is deemed to be an extremely important asset owned by natural persons, legal persons, and
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/DS152/R 22 December 1999 (99-5454) Original: English UNITED STATES SECTIONS 301-310 OF THE TRADE ACT OF 1974 Report of the Panel The report of the Panel on United States Sections
More informationInformal Brief. The Treatment Of Intellectual Property In The Ministerial Declaration: Mandated Negotiations And Reviews
Informal Brief The Treatment Of Intellectual Property In The Ministerial Declaration: Mandated Negotiations And Reviews By David Vivas Eugui Senior Attorney, Center for International Environmental Law
More informationMULTILATERAL TRADE NEGOTIATIONS THE URUGUAY ROUND
MULTILATERAL TRADE NEGOTIATIONS THE URUGUAY ROUND RESTRICTED 7 July 1988 Special Distribution Group of Negotiations on Goods (GATI) Negotiating Group on Trade-Related Aspects of Intellectual Property Rights,
More informationAGREEMENT on the Environment between Canada and The Republic of Panama
AGREEMENT on the Environment between Canada and The Republic of Panama AGREEMENT ON THE ENVIRONMENT BETWEEN CANADA AND THE REPUBLIC OF PANAMA PREAMBLE CANADA and THE REPUBLIC OF PANAMA ( Panama ), hereinafter
More informationUniversal Declaration on Bioethics and Human Rights *
United Nations Educational, Scientific and Cultural Organization Organisation des Nations Unies pour l éducation, la science et la culture Universal Declaration on Bioethics and Human Rights * The General
More informationTHE UNITED NATIONS AND THE EMERGING SYSTEM OF GOVERNANCE IN INTERNATIONAL TRADE
THE UNITED NATIONS AND THE EMERGING SYSTEM OF GOVERNANCE IN INTERNATIONAL TRADE Carlos Fortin The establishment of the World Trade Organization(GATF) 1994 with its related instruments, as well as (WTO)
More informationUNITED STATES CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
* 19 January 2018 (18-0485) Page: 1/28 Original: English UNITED STATES CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA Arbitration under Article 21.3(c) of the Understanding
More informationA unique contribution
UNDERSTANDING THE WTO: SETTLING DISPUTES A unique contribution Dispute settlement is the central pillar of the multilateral trading system, and the WTO s unique contribution to the stability of the global
More informationAgreement on Trade-Related Aspects of Intellectual Property Rights, 33 I.L.M (1994)
Agreement on Trade-Related Aspects of Intellectual Property Rights, 33 I.L.M. 1125 (1994) Members, Desiring to reduce distortions and impediments to international trade, and taking into account the need
More informationArticle 1. Coverage and Application
1 ARTICLE 1 AND APPENDIX 1 AND 2... 1 1.1 Text of Article 1... 1 1.2 Article 1.1: "covered agreements"... 2 1.2.1 Text of Appendix 1... 2 1.2.2 General... 2 1.2.3 The DSU... 3 1.2.4 Bilateral agreements...
More informationANNEX V REFERRED TO IN ARTICLE 23 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX V REFERRED TO IN ARTICLE 23 PROTECTION OF INTELLECTUAL PROPERTY ANNEX V REFERRED TO IN ARTICLE 23 PROTECTION OF INTELLECTUAL PROPERTY Article 1 Intellectual property "Intellectual property" comprises
More informationTRADE AND ENVIRONMENT An Agenda for Developing Countries
TRADE AND ENVIRONMENT An Agenda for Developing Countries Some trade and environment linkages work out in the same way for developing countries as for developed countries. However, most of the positive
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 27.7.2018 COM(2018) 350 final 2018/0214 (NLE) Proposal for a COUNCIL DECISION on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations
More informationINDIAN ECONOMY CURRENT AFFAIRS 2017 NATIONAL IPR POLICY, 2016
INDIAN ECONOMY CURRENT AFFAIRS 2017 NATIONAL IPR POLICY, 2016 Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols and names
More informationIntellectual Property Laws Amendment Bill 2013 No., 2013
00-0-0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Intellectual Property Laws Amendment Bill 0 No., 0 (Industry, Innovation, Climate Change,
More informationWIPO-ESCAP-IIUM Regional Workshop on Intellectual Property and Public Health and Environment Policy for Asia and Pacific
Intellectual Property and Public Health Cambodian Perspective WTO-ESCAP-IIUM REGIONAL WORKSHOP ON IP AND PUBLIC HEALTH AND ENVIRONMENT POLICY FOR ASIA AND PACIFIC REGION Kaula Lumpur, Malaysia 10-12 JULY
More informationCRS Report for Congress
Order Code RS21609 Updated November 5, 2003 CRS Report for Congress Received through the CRS Web The WTO, Intellectual Property Rights, and the Access to Medicines Controversy Summary Ian F. Fergusson
More informationWTO/GATT Marrakesh Declaration of 15 April World Trade Organization
WTO/GATT Marrakesh Declaration of 15 April 1994 World Trade Organization Copyright 1994 World Trade Organization ii SiSU Metadata, document information 3 iii 1 2 3 4 5 6 7 8 9 10 WTO/GATT Marrakesh Declaration
More informationNOTE. 3. Annexed is the Chapter from the WTO Analytical Index, 3 rd edition (2012) providing information on the Agreement on Textiles and Clothing.
NOTE 1. The Agreement on Textiles and Clothing (ATC) was negotiated in the Uruguay Round of Trade Negotiations. It replaced the Arrangement Regarding International Trade in Textiles (MFA, or Multi-Fibre
More informationDenmark. Claus Barrett Christiansen Bech-Bruun
Claus Barrett Christiansen Bech-Bruun 1. Design protection In Denmark, design protection is regulated by the Designs Act (1259/2000), as amended up to January 28 2009. 1 The act implemented the EU Designs
More informationBipartisan Congressional Trade Priorities and Accountability Act of 2015: Section-by-Section Summary
Bipartisan Congressional Trade Priorities and Accountability Act of 2015: Section-by-Section Summary Overview: Section 1: Short Title Section 2: Trade Negotiating Objectives Section 3: Trade Agreements
More informationThe US-China Business Council (USCBC)
COUNCIL Statement of Priorities in the US-China Commercial Relationship The US-China Business Council (USCBC) supports a strong, mutually beneficial commercial relationship between the United States and
More informationState of Trade and Environment Law, 2003 THE STATE OF TRADE LAW AND THE ENVIRONMENT: KEY ISSUES FOR THE NEXT DECADE WORKING PAPER
State of Trade and Environment Law, 2003 Working Paper THE STATE OF TRADE LAW AND THE ENVIRONMENT: KEY ISSUES FOR THE NEXT DECADE WORKING PAPER INTERNATIONAL INSTITUTE FOR SUSTAINABLE DEVELOPMENT AND CENTRE
More informationVoluntary Initiatives and the World Trade Organisation
Mining, Minerals and Sustainable Development October 2001 No. 29 Voluntary Initiatives and the World Trade Organisation Alice Palmer FIELD This report was commissioned by the MMSD project of IIED. It remains
More informationDoctrine of Precedent in WTO
Doctrine of Precedent in WTO Sheela Rai* This paper contends that the general understanding that precedent system does not apply in the WTO Dispute Settlement Mechanism. The author argues that the drafters
More information,QIRUPDWLRQQRWHWRWKH&RPPLVVLRQ IURP&RPPLVVLRQHUV/DP\DQG)LVFKOHU
,QIRUPDWLRQQRWHWRWKH&RPPLVVLRQ IURP&RPPLVVLRQHUV/DP\DQG)LVFKOHU 6XEMHFW WK :720LQLVWHULDO&RQIHUHQFH1RYHPEHU'RKD4DWDU± $VVHVVPHQWRIUHVXOWVIRUWKH(8 6XPPDU\ On 14 November 2001 the 142 members of the WTO
More informationInformation Note 1. for IGC 34 DISCUSSIONS UNDER AGENDA ITEM 8 TAKING STOCK OF PROGRESS AND MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY
1 Information Note 1 for IGC 34 DISCUSSIONS UNDER AGENDA ITEM 8 TAKING STOCK OF PROGRESS AND MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY Prepared by Mr. Ian Goss, the IGC Chair Introduction At the
More informationGlobal Access to Medicines Program Compiled by Stephanie Rosenberg. December 2, This chart compares provisions from the following texts:
Comparative chart of patent and data provisions in the TRIPS, Free Trade s between Trans-Pacific negotiating countries and the U.S., and the U.S. proposal to the Trans-Pacific This chart compares provisions
More informationIN THE WORLD TRADE ORGANISATION. Russian Federation Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union
IN THE WORLD TRADE ORGANISATION Russian Federation Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union WT/DS475 Third Party Submission by Norway Geneva 10 March
More informationWTO LAW IN THE LIGHT OF ENVIRONMENTAL PROTECTION
WTO LAW IN THE LIGHT OF ENVIRONMENTAL PROTECTION Overview of the WTO s mandate and institutional structure History of the Trade and Environment debate The WTO Committee on Trade and Environment The Doha
More informationEN Official Journal of the European Union L 157/ 45. DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004
30.4.2004 EN Official Journal of the European Union L 157/ 45 DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the enforcement of intellectual property rights (Text
More informationIntroduction. (b) The application by the rights owner for Customs protection. New Customs Strategies in Europe, ASEAN and Other Parts of The World
5 New Customs Strategies in Europe, ASEAN and Other Parts of The World C ECAP II 2007 (a) I Introduction mprovements in Customs procedures and strategies must be matched by an adequate legal and judicial
More informationDRAFT REPORT. EN United in diversity EN 2012/2135(INI)
EUROPEAN PARLIAMT 2009-2014 Committee on Development 25.7.2012 2012/2135(INI) DRAFT REPORT on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in
More informationThe Predicament of China's "WTO-Plus" Obligation to Eliminate Export Duties: A Commentary on the China-Raw Materials Case
Wayne State University Law Faculty Research Publications Law School 1-1-2012 The Predicament of China's "WTO-Plus" Obligation to Eliminate Export Duties: A Commentary on the China-Raw Materials Case Julia
More informationAida Gugu (LL.M) Amsterdam Law School. The review compliance proceedings under Article 21.5 of the DSU
Aida Gugu (LL.M) Amsterdam Law School The review compliance proceedings under Article 21.5 of the DSU Introduction The World Trade Organisation (WTO) Agreements gave birth to a far-reaching system of solving
More informationWIPO NATIONAL SEMINAR ON THE PROTECTION OF TRADEMARKS AND GEOGRAPHICAL INDICATIONS
WIPO /TM/BEY/ 03/12 ORIGINAL: English DATE: February 2003 E REPUBLIC OF LEBANON WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO NATIONAL SEMINAR ON THE PROTECTION OF TRADEMARKS AND GEOGRAPHICAL INDICATIONS
More informationR ESEARCHERS T EST Q UESTION P APER. By Dr. Nicolas Lamp Assistant Professor, Faculty of Law, Queen s University
RESEARCHERS TEST By Dr. Nicolas Lamp Assistant Professor, Faculty of Law, Queen s University INSTRUCTIONS FOR PARTICIPANTS: The duration of this test is 90 minutes. There are 30 questions, so you have
More information